Acts and Regulations

V-3 - Vital Statistics Act

Section 34.4
Disposition versions

Full text
Duties of Registrar General when application is granted or refused
34.4(1)If an application to change the sex designation of a person under section 34 or 34.1 is granted, the Registrar General shall immediately
(a) if the person was born in the Province,
(i) register the change of sex designation by making a notation on the birth registration of the person so that the sex designation corresponds to the requested change,
(ii) make a notation on the person’s registration of marriage, if any, so that the indication of the person’s sex on the registration corresponds to the requested change, if the person was married in the Province, and
(iii) issue a birth certificate to the person, or
(b) if the person was born outside the Province,
(i) issue a change of sex designation certificate to the person,
(ii) notify the person responsible for the registration of births in the jurisdiction in which the person was born of the change of sex designation of the person, and
(iii) make a notation on the person’s registration of marriage, if any, so that the indication of the person’s sex on the registration corresponds to the requested change, if the person was married in the Province.
34.4(2)A change in the sex designation of a person born in the Province made under this Act is not valid until it is registered by the Registrar General under subparagraph (1)(a)(i).
34.4(3)Every birth certificate or marriage certificate issued after the making of a notation referred to in paragraph (1)(a) shall be issued as if the registration had been made with the sex designation as changed.
34.4(4)A person who is in possession or control of a certificate of birth of a person before a notation referred to under subparagraph (1)(a)(i) has been made shall return it to the Registrar General immediately for cancellation.
34.4(5)If an application to change the sex designation of a person is refused, the Registrar General shall immediately give, by registered mail, written notice of the refusal to the applicant and to all objectors, together with a brief statement of the reasons for refusing the application.
34.4(6)A person who was born in the Province and whose sex designation was changed while ordinarily resident outside of the Province in accordance with the laws of another jurisdiction in which the person was resident shall be entitled, on production of satisfactory proof of the change in the sex designation and the identity of the person, to the identical change in the sex designation on the birth registration of the person in the records kept under this Act.
2017, c.13, s.2